Most people in the county do not get married with the expectation that it will fail. Yet, every day, former spouses file for divorce at the Circuit Court. A key part of most divorce proceedings is spousal support for an ex-partner who requires financial upkeep to ensure familial stability. The process of filing for spousal support or challenging a former spouse’s request for continued financial support can be emotionally demanding and stressful for both parties.
This is why you need the help of a skilled Henrico County spousal support lawyer. A family attorney at The Capital Family and Divorce Law Group could help you determine and negotiate a fair amount that works for both parties, whether you are the petitioner or the recipient.
What Are the Types of Spousal Support?
Someone seeking support or maintenance from their former spouse may do so under the following categories:
- Pendente lite or temporary support – Often requested by a party while the divorce case is ongoing
- Rehabilitative support – Spousal maintenance paid over a period of time to help the petitioner regain stability
- Permanent support – Meant to last indefinitely or until the beneficiary remarries, passes on, or engages in domestic cohabitation with someone else for 12 or more months
- Lump sum support – Meant to serve as a one-time spousal maintenance
Depending on the circumstances of a divorce proceeding, the court may also reserve the right to award a benefiting party future spousal support covering up to 50 percent of the duration of their marriage to the benefactor.
An attorney in Henrico County could help explain all these types of spousal support and provide more clarification if necessary.
Factors Contributing to Spousal Support Decisions
Under Virginia Code § 20-107.1, the amount a court awards as maintenance for a spouse and whether the paying partner can ensure that they only pay what is just and proper largely depends on several factors, including:
- How long the marriage lasted. Marriages of longer duration (more than 20 years) are more likely to have permanent spousal maintenance awarded
- Financial capability of both parties
- Established standard of living
- Both parties’ age or health conditions, specifically focusing on poor health in one or both parties
- Possible health condition of a child limiting the recipient from taking on a full-time role
- Both parties’ tangible and intangible properties and assets
- The role one party played in the other’s achievements
Additionally, marital infidelity may influence the court’s decision. For instance, if the receiving partner had an affair while married, the court may not award them spousal support, even if they meet most of the criteria. The court may reconsider this if barring or denying spousal maintenance may be perceived as or translate to manifest injustice, such as extreme hardships.
To prove manifest injustice, the petitioning spouse must demonstrate with clear and convincing evidence that not receiving maintenance would cause serious problems, such as severe poverty. The condition must be so obviously unfair that such a denial of spousal maintenance would be deemed unconscionable punishment, as a Henrico County lawyer could explain.
Consult a Spousal Support Attorney in Henrico County
Spousal support or maintenance can be a lifeline for a lower-earning partner who needs it. However, the paying spouse should only pay what is considered just and proper. A Henrico County spousal support lawyer could review your case and provide legal guidance to help ensure either party pays or receives what is fair.
The Capital Family and Divorce Law Group of Price Benowitz, LLP, is committed to helping you explore all your legal options. Call today for a case evaluation.
N/a